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The Evolution Of New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a frequent incident in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured parties should immediately contact 911 and seek medical attention.


A New York car accident attorney can assist victims with their legal issues after an accident. They can help victims get compensation for medical expenses and lost income.

No-fault insurance

New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages and other accident-related costs. While this system has helped protect car accident victims from being buried due to out-of-pocket costs It is crucial to understand exactly what it means and does not mean.

To be eligible for No-Fault insurance, you must meet a few criteria. First of all you must have been injured in a car accident that took place in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. In addition you must have suffered an "serious injury."

New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are severe and can have a negative effect on the life of a victim. A New York injury lawyer can assist you if been injured in a major New York car accident.

A lawyer can assist with the legal process in many ways after a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the driver responsible for the crash.

In the aftermath of a serious crash you could face astronomical medical bills, lost wages, and other costs. No-fault insurance is able to help with these costs and other expenses, so you should seek out treatment after an accident, even if you feel fine.

If you cannot return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers a number of your out of pocket expenses, like the cost of household assistance.

Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failing to attend could result in denial of benefits retroactively.

Purely faults that are comparable

In a lot of car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law permits the injured party to claim damages according to the percentage of fault that can be attributable to them. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent.

In a car accident the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence refers to breaking a law or acting with reckless carelessness. The causality is the manner in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Other non-economic losses include emotional trauma as well as pain and suffering.

New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured could still be able to claim compensation even if they are partially responsible. However, if the person seeking compensation is found to be more than 50% at fault, they will be barred from recovering any damages. In this instance, it's important to work with a knowledgeable attorney.

Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault is somewhat more complex in wrongful death claims.

The concept of comparative blame is crucial to know when filing an action for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum amount of compensation for your injuries.

Joint and several liability can also apply if there are several defendants. This system splits the verdict between all defendants when a jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries.

Insurance company tactics

The aftermath of a car crash can be just as stressful. Injured victims often confront medical expenses and loss of income from being unable to work, not to mention their physical pain and emotional stress. Rent and other expenses are also a concern. Sparks accident attorney don't need to endure the strategies of stalling employed by an insurance company to get them to accept low settlement offers.

Insurance companies are in business to earn money. They do this by refusing or reduce your claims. Insurance agents will use every trick to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their sneaky tactics.

To save money, insurance companies will do everything they can to delay or derail your claim. They will also try and avoid liability by arguing that the injuries aren't related to the accident or do not require treatment. They may even claim that the crash was caused by a previous medical condition.

In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a typical method that many people are enticed by. The offer is significantly less than the amount you'll need to pay in order to cover your medical expenses and other damage.

The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in a person's vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses an electronic device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.

Reckless driving


If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties liable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover damages.

According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists at risk. In order to convict someone of this crime the police officer must demonstrate more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.

In certain instances even a minor traffic offense can be considered a form of reckless driving in New York. For instance driving through the red light or stopping sign could result in a serious accident and injury. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or even jail time.

Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. If convicted of this crime will be subject to points added to their license and could face hefty fines. This could cause driver's insurance rates to go up significantly. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is held accountable in a fair manner.

New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors including the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.

A reckless driving accident attorney who has experience will know how investigate the root of the accident and gather evidence to prove your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.


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